HomeMy WebLinkAboutOrdinance - 062-1911 - Construction Of Permanent City Improvements. - 10/12/1911J/1
URDIN:ANCE NO. '62.
ALTORDI' IiNCE to carry_ into effect Chapter 14, ,zenQral Laws of Texas,
enacted at second called session of the 31st Legislature, approved
May loth, 1909, authorizing; construction of perm-'n.ent street improve-
ments by incorporated towns, Cities, and,villar,es, as ado?ted under
the provisions of said act at an election held in the ;;its,- of 1.u' bock,
Texas, on the 20th. day of Leptember, A.D. 1911, and to provide for
a notice to and a hearirIg of property owners before assessments
for such is proTxements and the construction thereof.
??llta I ORD I"IUD' T THE CITY COUNCIL OF T7E CITY" CF 1:(BIPOCK, T?XAS:
THAT 'ZEREAS) said City of Lubbock, Texas, has adopted, at an
election held for that purpose on the 20th day of September, A'D.
1911, the benefits of a certain Act, bei;-O Chapter 14 of General
Laws of Texas, enacted by the 31st Legislature at its Second
Called Session and apt roved May the 1('.,, 1909, entitled:
AN ACT to authorize incorporated towns, cities, and,Arillages in the
btate of 'texas to construct permanent street improvements and assess
a: part of the cost thereof against the owners of the pro_.)erty abutting
upon such ir!-.provements and their property, and against the owners
of railroads occupying streets or highways improved and their property
and provide for the enforcement and collecti.,n of such assessments,`
and' to provide for the submission hereof to the resident property tax
payers who are qualified voters of such town., City, or village,
and declaring; an emergency.
AND said act was adopted in accordance ,,,ith its terms at
such election, and is now in full force and effect in said City and
it is necessary to provide rules and regulations to carry the same
.in effect,
Section 1. -ghat whenever the Gity Council shall determine to improve
any public side walk, street, or highway as defined in said act,`
it,`shall pass a resolution to that effect, which shall be conclusive A
0,f the public necessity therefor, and such resonation shall in general,
terms set forth the nature and extent of the improvements to be made`
and' re uired� the secti:I,n or sectios of any public side walks' streets,"",,"'',,
or highway to be improved and the material or materials ,pith which
the improvements are to be constructed and the man11:,.r in which than
cost thereof are to be discharged.
Such Resolution may specify different and alternative materials with
which said improvements may be constructed at the option of the City
Council, and different and alternative plans and methods of construct-
ing and paying for same, and upon the pass:,,ge of such resolution it
shall be the duty of the City Engii:eer or such engineer as may desig-
nated by the Council to forthwith prepare Specifications, for skid
improvements, materials and methods of construction specified in said
resolution. Said specifications shall be submitted and approved
by the City Council, when said specifications have been ap-nroved, it
shall be the duty of the City Secretary or such officer as may be
designated by the City Council to at once advertise for sealed bids
for the performance of the work in accordance with said specifications.
Such advertisement shall be published. at least once in some nevwspaper �,2:
in _general e_irculation in___the. City of Lubuock, __not less than t'a`al
clays' prior to' the date mentioned therein for the opening of Bids.
Sealed bidsshall be filed with the City Secretary or either officer
designated by the City Council, and. shall be opened and read in
public thereof. The Council shall have the right to accept the most '
advantageousbid or bids to the Uity and the owners of property abut-
ing the proposed improvements. No bids shall be changed after being
3pened and the Council shall have power after opening; such bid or
bids to select or reject such materials, glans or methods of con--
struc t ion as it may deem best, or to accept or reject an:r and all bids.
Page 2.
W4 Not 2 .
notion 2. After the si ds have been opened as aforesaid b, tbo ' 00 it )
"if the costs or any ,)art of the Cents of such imDrov ;.rents is .to be
assessed against the owners of the abutting property, any: their prooerty
it shall be the duty of the City ongineer, or such other engi ke ,r as may `
be designated by the Council to prepare to prepare and file with the
Council a Statement containing the names of the ,persons, firms, and
corporqtioRs and estates owning: property abutting on the proposed
improvements and described each parcel by lot and Mock numbers, number
of :front feet or otherwise, so as to sufficiently identify the same.
Such statement Q11 contain an esti .te of the total costs of such �r
improve°rent and he proportion of such total proposed to be assessed
against the ovaners of the abutting property anj their property and the
estimated costs per foot. The Co ncil shall examine such statemant
and after correcting any errors theresin, approve the sare, but no error,
mistake, or omission shall invalidate the same or any assessment made
thereunder. Ift r a proving said statement, if it is fully det. =jiaed
to assess the costs of such improv_ment$ or a part t _ereof, agar jst the;
property own ? and their property, the Council shall so declare by
Resolution arderinA" a he`9ring to be rivan toWe owners of such abutting
property and notice th re,of insert: d not lesthan three tires it some
gewspaper published in they wity of Lubbock, the f'ir5t publimAtion there --
of to be not less than ten days before the date of the bearing ;herein
referred to and such notice shall be si Fged by th city Metre tarry or
other such officer designated by the Council, -and shall in general teens
,sot forth the nature and extent of the proposed improvement, the
total estimated costs ther, of ;proposed to be assessed a:ai st .such
owners and their property and tht total amount proposed to be assessed
against each owner and his property and the name of such owners qnd a
brief description of their property as containeO in the; statement filed
with the Council by the Engineer and shall also state the tire and place
designated by the Council for the hearing to said Owners. Such notice
shall also be mailed by registered letter addressee to such owners at
their addresses, if know, or if unknown, to their agent or attorney,
if known, and deposited in the Post Office of the City of Lubbock at
least ten d ys before the day set for said hearing, but such service
by letter shall be only cumulative of said notice by puhlication, which:
shall in all cases be held valid and binding.
Section 3. said hearing of said property ownens shall be held before
the Council at the time and placer designated and at such hearing
said owners, their agents or attorneys shall receive a full and fair
hearing of all matters with reference to said proposed assessment against
them and their property and any irregularity or invalidity in any
proceedings with reference thereto, or the special benefits of said
improvements to their property in the enhanced value thereto or anY
other matter or thing, with reference thereto, and :such owner may
r; at such hearing appear in person or b7 attorney and produce evidence
' and subpoena witnesses and said hearing shall continue from day to day
and time to time without further notice, until property owners
<< have been fully heard.
After hearing has been closed the 6ohMil shall from
Section 4. k�. �" such '�
the evidence before it determine the amounts, if any, to be assessed
against each owner and, his property, and shall by ordinance assess the
gun against the property of each owner and declare the ar. punt so
A x assessed to be a personal liability of its owner as provided by said
Act of the Legislature, as well as lain. against said property. The
:: total- ammount to be assessed against such owners and their property, ,
A shill be proportioned among them in accordance with the from foot PI
far' rule in proportion as the frontage of each -owner is to the whole
¢` frontage to be improved, provided that if the application of this rule
shall in the opinion of the "ouncil be unjust or unequal, or result in
Individual cases in an assessment in excess of the special benefit re-
ceivod from such improvement, then the Council shall adopt such rule
ads apportionment which shall effect a substantial quality and uniformity]TIN
between said owners, considering the benefits received by and burdens
imposed upon them and their property.
y
Cadtion 5« Should any of the owners of the propertyabutting on the
pro impr6veppnt prefer to have the sidnialki in front of them*
vpexIty. put in and constructed by private gbntract, said owner or owner a
" ha p notify the City Council In mwiting on or before the date name
the hearingof such `owners asaforesaid, and said si d ralk shall
be taut and e anstrueted in
accordance with the `plans an specif � cet�c e � `
edopted by the !Uity'Roun;cil,and under the supervision of the city
gineer or such other engineer as the Council may designate, within
>C? days thereafter and said nroaerly owner shall require the contractor
or contractors ;,putt' ng in said constructing said sidewalks to enter` into
a goodandsufficient bond for the performance of said work according
to the plans and specifications adopted by the Gouncil for the maintenance
and repair tho eof, for a term of two years from the date of the <com-�
„l +a ^M Mf gPMA . in enne the onterial or method of cometruction employed